Jebastine T (Student) 24 December 2017

Sexual Harassment Act 2013

An employer taken action against and Terminated his employee in Sexual Harassment Act. The complaint by the lady is reporting to him and the complaint is he is talking about his wife not having s*xual knowledge so that only he had late birth of his kid, he tells her one day night time when he called her for official purposes her child crying so he asked to feed Ur child first, 3. One traveling with her for official meeting by car he tried to touching her shoulder (he is having shoulder dislocation problem can't take his hand that much). Because of he asked the lady to resign for her non performance because of this she made the complaint against him. He filed a case in city civil court. How to handle this case. Really he is good person. She is given complaint to save her job. Please help me in this

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 December 2017

Although laws surrounding s*xual harassment exist, they generally do not prohibit simple teasing, offhand comments, or minor isolated incidents—that is, they do not impose a "general civility code". In the workplace, harassment may be considered illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted, or the victim quitting the job). The legal and social understanding of s*xual harassment, however, varies by culture.

Jebastine T (Student) 24 December 2017

Thank Very Much.... Actually Company conducted the internal enquiry but there is no proof and evidence. Without any Quilty how a person can be punished based oral or intentionally complaint. Because of this the Male is struggling financially and there's no job. He can't go for any job because he will get any references. Please Suggest me what can be go ahead even the guy not received any settlement from the company suddenly they informed him and asked to don't come to office without any written communication

Jebastine T (Student) 24 December 2017

Even complaint itself showing that it is not s*xual harassment

P. Venu (Advocate) 24 December 2017

There is a due process to be followed before an emplyee is punished for s*xual harassment. Has this due process been followed?

Jebastine T (Student) 24 December 2017

Internal Compliance committee had done the enquiry with both but finally their findings says there is no proof but they are taken as it's possible for Sexual Harassment and said guilty is the Guy.